Bailey v Urban Transit Authority [2002] NSWCA 239

New South Wales Court of Appeal

CITATION : Bailey v Urban Transit Authority [2002] NSWCA 239 FILE NUMBER(S) : CA 40956/01 HEARING DATE(S) : 12 July 2002 JUDGMENT DATE : 25 July 2002

PARTIES : Glenice Margaret Bailey (Appellant) Urban Transit Authority (Respondent) JUDGMENT OF : Stein JA at 1; Heydon JA at 47

LOWER COURT JURISDICTION : District Court LOWER COURT DC 26001/85 FILE NUMBER(S) : LOWER COURT Certoma ADCJ JUDICIAL OFFICER :

COUNSEL : M R Aldridge SC/M Gunning (Appellant) K Andrews (Respondent) SOLICITORS : Doherty Partners (Appellant) Lynley Tretheway (Respondent) CATCHWORDS : NEGLIGENCE - appellant injured in a bus accident - causation - whether the bus accident was causally related to appellant's subsequent psychological state - quantum - ND LEGISLATION CITED : n/a CASES CITED: Chappel v Hart (1998) 195 CLR 232 March v Stramare (1991) 171 CLR 506 DECISION : Appeal dismissed with costs

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40956/01 DC 26001/85

STEIN JA HEYDON JA

Thursday, 25 July 2002 GLENICE MARGARET BAILEY v URBAN TRANSIT AUTHORITY OF NEW SOUTH WALES

Facts

The appellant, Glenice Margaret Bailey, was injured on 22 November 1984 when she was a passenger on the respondent's bus whilst travelling home from work. At the time of the accident the appellant was employed as an auditor with the Australian Audit Office. Initially she returned to work. However, in July 1986, following a disagreement with her supervisor at her place of employment, she left the office and did not thereafter return to work. On 28 June 1989 she was retired medically unfit from the Commonwealth Public Service.